Contributory Negligence in Illinois
State-specific overview · Tort Law
Illinois uses modified comparative negligence, barring recovery if your fault equals or exceeds the defendant's.
How Illinois treats Contributory Negligence
Illinois follows the modified comparative negligence rule under 735 ILCS 5/2-1116, preventing recovery if your negligence is greater than or equal to the combined negligence of all defendants. Your recovery is reduced proportionally by your percentage of fault. This rule applies in both personal injury and property damage cases.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.